State wants Acker to relinquish dogs after guilty verdict in animal cruelty case

LITCHFIELD >> Frederick Acker, the animal activist convicted Monday of 15 misdemeanor counts of animal cruelty, said the state is using “intimidation” to bully him into settling a custody battle over 63 dogs seized in November 2012 from his unfinished, barnlike facility in Bethlehem.

Acker and his attorney, Ralph Crozier, pointed to an email sent by Meredith Blake, the special assistant state’s attorney, in saying the state is threatening him with jail time if he doesn’t agree to give up custody of all of his dogs.

Judge John Danaher III’s decision paved the way for Acker to try to get back 48 of his dogs.

The state made its position clear in an email, obtained by the Register Citizen a day after Danaher found, in an eight-page opinion, 15 of the smaller breed dogs were “in jeopardy” because of cold conditions, Those dogs had to be transferred to a warm environment.

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Blake wrote to Crozier asking whether Acker would sign releases “giving up rights to all the dogs” seized from his property. Blake said the state’s sentencing argument on Jan. 23 would be “exceptionally minimal” if Acker agreed to the deal.

If not, “He can expect the state’s argument to include the findings of extensive investigation,” she wrote. She declined comment when contacted by the Register Citizen.

Acker is facing a year in jail and $1,000 fine on each of the 15 counts.

Devin Stilson, supervisory assistant state’s attorney for Bantam Superior Court, said Monday the state will seek jail time for Acker.

Crozier said he was “shocked” by the state’s offer, calling it an attempt to “use the criminal court system to get rid of the civil issues.” Acker is still facing 17 misdemeanor counts of animal cruelty in New Milford.

Acker called the overture an “intimidation factor” and said he won’t accept the deal.

For now, the 63 dogs are strewn across several state shelters, including one in Bethlehem managed by the animal control officer, Judy Umstead, who Acker’s attorney claims orchestrated the raid. Crozier said at trial Umstead had an “agenda” and trumped up the charges against his client to snuff out his business.

Crozier said the email leaves little to the imagination as to what the state will do if Acker doesn’t comply.

“‘If you give up the dogs, we’re going to ask the judge do nothing to you,’” Crozier said. “I would assume they’re going to come up and say, ‘Mr. Acker is being investigated by New Milford. He’s got this problem. He’s got that problem,’” Crozier said. “They would attempt to paint him as worse as possible to get the judge to throw him in jail.”

The state, fearing a lengthy appeal process, is using Acker’s conviction as a bargaining chip to try to resolve a pending civil matter between Acker and the town of Bethlehem.

That issue was never resolved because Acker appealed a judge’s decision in February that Acker and the town would split custody of the dogs. The “larger” dogs were supposed to be returned to Acker, with Bethlehem maintaining control of the “smaller” dogs. An appellate court judge will still hear those argument after Anthony DiPentima, the attorney representing the town, made it clear in a Tuesday phone interview he hadn’t negotiated a settlement with Crozier.

“We want these dogs placed,” DiPentima said. “The only person who’s holding this up is Frederick Acker. Until I hear from Crozier, it’s status quo. And the civil case moves forward.”

DiPentima had previously filed an injunction asking Acker to pay $15 day per dog for feed and care. The order also asked that Acker not be allowed to care for dogs.

Until a judge decides the issue or a deal is struck, the town of Bethlehem will continue paying room and board for some dogs after already shelling out more than $32,000 for the Acker case, according to numbers provided to the Register Citizen by First Selectman Lenny Assard. The state has to eat costs for the other 48 dogs Danaher found didn’t experience cruelty.

The Register Citizen reported Bethlehem taxpayers have paid since November nearly a quarter of that amount to Hemlock Kennels, a facility managed by Umstead.

Assard said the kennel charged the town $10 a day per dog for board and care, less than the state-maximum of $15 a day per dog.